CO129-074 - Lieut. Governor Caine & Sir Robinson - 1859 [6-12] — Page 358

£28

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In reference to the papers found on Beaver, I beg to re- quest that the Commission will ascertain whether those papers were produced at the Police Court against Beaver. It will be in the recollection of the Commission that Dr Bridges stated yesterday, that he had applied for a party of Police to go to the opposite shore, but had only found an ins- pector and boat in readiness. I produce a note from Dr Brid- ges, showing that this is in accordance with his. request,-

"24th February, 1858.

"Please have a Police-boat with an Inspector-Jarman I should prefer -ready for me at Burd's steps at six o'clock to-morrow morning. I want to cross to the other side."

A question was put to me on one of my former exami- nations, if I had seen any entry in the books of Ma-chow Wong, that money, the produce of plunder, had been paid to Mr Caldwell, and to that I answered "No." I antici- pated another question, and intended, in fact, referring to it myself, but it escaped my recollection; as I have stated

influence of Mr Caldwell,

I know after I resumed my duties as Superintendent of Police, that Assistant Super- tendent Cluff acted upon information connected with piracy obtained from Mr Caldwell,

I don't think that the Hon. the Attorney General is right in connecting the murder alluded to in the watch case with the Stanley murder referred to, and I think it is another one.

The Honourable the Attornoy General did read the letter of the 13th May, and spoke to me concerning the mention made of Ma-chow Wong's books in the same, as mentioned in his evidence of yesterday.

WILLIAM HENRY MITCHELL-Called and ex- amined.

I remember receiving some information from Mr Hudson, regarding the robbery of some tin from the firm of Sic-

before, there was a page of entries in one of Ma-chon qua in Canton. One of the firm, an elderly man, brought

Wong's books, making altogether a total of about 600 taels paid to or for Mr Caldwell, and that in this same book were many of the entries which I also stated as to the pur- chase of munitions of war, and expenditure of large amounts of cash for provisions. I have a firm belief, that the money as regards Ma-chow Wong appertained to and was connected with piracy. I cannot give the Commission any information regarding the riot at the Police Court in reference to the supposed pardon of the traitor. I was not at the Police Court at that time, and have made no inquiry concerning it. I have since my examination the other day, ascertained that some few persons, who were apre hended by Mr Caldwell or by Police under his directions, were not treated in the usual way by being placed on the Police Charge Sheet, and going before the Magistrate, but committed to Goal on Mr Caldwell's warrant as Justice of

the Peace.

a letter from Mr Hudson, stating that a large quantity of tin $20,000 or $30,000 worth, had been stolen by pirates on its way from Singapore, and it was expected the tin would be brought either to Macao or Hongkong, or both places, and requesting me to put the whole matter without reserve into the hands of Mr Caldwell, and to supply Mr Caldwell with any funds he might require for the payment of any Chinese agents for the discovery of the tin, or watching its arrival, or whatever might be necessary. As well as I can recollect this was in June, 1855. Mr Hudson's letter stated that the tin had not then arrived in the colony, but was daily expected, and that it would be for the interests of the parties concerned, that Mr Cald- well should watch very closely for its arrival. I have not got the letter now, but I have an idea that Mr Hudson said Messrs Gilman & Co. had bought or intended to buy the tin, when they learned it was stolen by pirates. I saw Mr Caldwell and placed the matter in his hands altogether, Upon hearing read the statements made by the Hon. and placed funds at his disposal for any necessary ex- Attorney General regarding the Police force, and Mr Cald.penses. I paid Mr Caldwell $100 upon Mr Hudson's well's connection with it during the time he was out of the letter, and Mr Caldwell undertook the matter. Government service, I have stated in my foregoing evid- after, a week or a fortnight, Mr Caldwell told me that a ence that, subsequently to Mr Caldwell's leaving the service, considerable portion of the tin had arrived. he frequently appeared at the Police Court either for or whether he said how much, and that it was stored in a against persons accused of piracy. I know that Mr Cald-hong which he named, but which name I forget; it was well was also frequently in communication with the Go- the hong next, or next but one, to Akwai's in the Lower vernment on the subject of pirates, and that the Eaglet took part in acts against some piratical fleets. One-half the time, during the time Mr Caldwell was out of the service, I was away from the Police Department, and Mr Grand Pré, being Acting Superintendent, I have mentioned two instances in which Mr Grand-Pré's mode of acting, may in my opinion be made the subject of inquiry by the Com- mission. During the time I was away from the Police Department, I was in no way consulted on Police affairs, so can give but little information of the other, than that which came before me at the Police Court. I know that Mr Grand-Pre is on very friendly terms with Mr Caldwell, but he is certainly not of a strong character on Police matters, and I am quite certain would be under the direct

Some time

I cannot say

Bazaar. I was particular in asking Mr Caldwell, if he had

seen the tin. He told me he had, and that I could see it if 1 liked; that the pigs of tn were stored within this hong, immediately within the entrance, covered, with mat

bags.

When Mr Caldwell

I did not consider it my province to go and see the tin, as 1 considered that having placed the matter in Mr Cald. well's hands, my action in it ceased. told me that he had satisfied himself of the arrival of the tin, he told me he had set a watch upon it, and that that watch consisted of men upon whom he could perfectly de- pend. He stated that there were two entrances to this hong,-one off Bonham Strand and another off Jervois Street, and that he had watches there night and day. He

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told me this.

Cross-examined.-I do not recollect that any young man deposed to having heard screams issuing from the house where the murder was committed, but it is possible; the police records will shew.

After I learned from Mr Caldwell that the whole of the

tin was gone, I expressed my surprise that more vigilance had not been used. I recollect at the time feeling sore about the affair, and thinking that Mr Caldwell had not taken proper precaution in entrusting the matter to such hands. I fancied that he was, in vulgar phrase, sold by Ma-chow Wong. I did not form the impression that he was confederating with Ma-chow Wong in carrying off this tin. I have not the slightest recollection of Mr Cald- well speaking to me of the indiscretion of the owner, and requesting the remaining part of the tin might be seized at once; and I do not recollect the tin being seized.

I have some recollection of Mr Caldwell appearing before me as the person who apprehended Beaver, and attending at the prosecution against him by some boatmen of Aberdeen for piracy. I think I remember going into the Gaol with the witnesses; they could not identify Beaver who was discharged. My impression is, that this was in 1856, the time of Boggs's trial. He was brought up by Roberts on another charge for piracy. Roberts had no evidence whatever against him, and he was again dis- One charge followed charged after several remands. shortly after the other.

informed me at the same time that he was perfectly sa- period. I finally discharged them, as there was no evi- tisfied of the security of this property, because he had plac-dence whatever to prolong their detention. The only ed the watch of the tin in the hands of this man Ma- witness in the case on the part of the Crown was Mr chow Wong. I think Mr Caldwell must have defined the Caldwell himself, who laid the information. He did not amount of tin that was in the colony, for I think I suggest state in what manner he obtained the information. I think ed to him the propriety of securing that much, but Mr Cald- I heard somebody or other say that it was from informa. well appeared to be under the impression that by waiting tion got from Ma-chow Wong in Gaol. I cannot tell who a little time, the rest of the tin would arrive, and I deferred to his judgement. Some time afterwards Mr Caldwell told me Seemingly with great concern and expressing himself sorry with the result, that all the tin had been carried off again out of the colony. I recollect now that Mr Caldwell stated the main portion of the tin was in one hong, and minor portions of it in others and that he had a vigilant watch upon each hong in which it was stored. Mr Caldwell afterwards refunded me the $100 untouched. The tin was coming from Singapore to Canton by a Junk, I think, when captured by pirates. After the tin appeared in the colony, an old man, the owner of it, came down from Canton. I do not know whether he went round to the different hongs inquiring for tin for sale. I do recollect at the time distinctly that Mr Caldwell charged upon that old man's indiscretion, the fact of the tin having been removed from the colony. Mr Caldwell informed me that the tin had been carried off. No seizure was subsequently made of this tin that I heard of; no part was discovered on board a ship to my knowledge-neither in one of the hongs where it had been deposited. It never came to my knowledge that Mr Bridges, then Acting Attorney General, had authorised the detention of the vessel. I may mention that the discovery of tin, if any, on board ship was made to a certain extent by myself. Gilman & Co. had just then become owners of a property, known as the Tuilleries. I happened to be in the Old Findly hong at the water side one day, walking through it, when I saw some coolies carrying pigs of tin to a row-boat at the Jetty. I looked at the mark on the tin and found it had all the same mark as that of the stolen tin, and I told Mr Caldwell of this. As well as I can recollect the ship was just on the eve of sailing for Shanghae, also, to the best of my recollection, it was on the next day or the day after that Mr Caldwell came and told me of the burst up of the whole affair. I know nothing more of the ship business than I have now stated. I think I sent one of the pigs by Mr Caldwell to Mr Hudson. The pig was purchased, but I do not know by whom; it was identified. Next day or next but one, Mr Caldwell announced to me that the whole thing had burst up, that the tin had been carried away from the colony, and the ship had sailed. I have some vague recollection of a man having escaped from Ma-chow Wong's house, of his subsequent seizure along with Ma- chow Wong; but whether he was discharged I cannot recollect. Regarding the Stanley murder, the case came before me, the man was apprehended by Mr Caldwell, who went with a party of police at midnight, and sur- rounded the house where this man was supposed to be, and brought in three men, who were supposed to be guilty of the murder of a whole family. One of the three escaped from the Central Police Station, and there were only two placed at the bar. I investigated the case and remanded the men for a week; there was not at first a tittle of evidence against them, and I had doubts of the propriety of remanding them; but as it was a charge of murdering a whole family, I thought it better to be particular, and remanded the case from week to week for a considerable

At the time of the tin transaction, Mr Caldwell was Assistant Superintendent of Police. I employed him as Mr Hudson's friend. The $100 was paid to him as well as I recollect, to make a small purchase of the tin, and to pay a deposit on it, or for the necessary expenses for its discovery. It was assuredly not as remuneration for Mr Caldwell's own services. I cannot say whether the old man pressed Mr Caldwell to secure as much as possible of the tin. Mr Caldwell told me that what was in the colony was absolutely secured. I recollect the old man coming to me afterwards, and expressing very great dis- satisfaction; I do not recollect that he used the expression. Oh! that Sam-kwei; oh! that Sam-kwei," I recollect that Mr Hudson told me the old man said so when he went back to Canton. The impression left on Mr Hudsons mind, was one highly unfavourable to Mr Caldwell, as to want of honesty. Messrs Gilman & Co. never recovered

any of the tin. After remanding the man who was charged

with the murder at Stanley, I at length asked the advice of the Attorney General, who advised me to discharged the man forthwith. I felt myself placed in an awkward posi- tion in acting contrary to the advice of the Attorney Gene- ral; but I did venture to do so, and remanded the man, ei- ther once or twice afterwards, but finally discharge him, as, from first to last, there was not one tittle of evidence to support the charge. I should like to say that a more I do not know about an investiga- absolutely worthless case, as far as evidence is concerned, never came before me.